No. 19-7991

Oscar Garcia v. United States

Lower Court: Tenth Circuit
Docketed: 2020-03-16
Status: Denied
Type: IFP
IFP
Tags: article-iii-judge constitutional-rights criminal-procedure due-process federal-magistrates-act guilty-plea magistrate-judge rule-11
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2020-06-18
Question Presented (AI Summary)

Whether a magistrate judge can fully and finally accept a felony guilty plea with the defendant's consent

Question Presented (from Petition)

QUESTION PRESENTED Whether or not a magistrate judge can fully and finally accept a felony guilty plea with the defendant’s consent such that it cannot be withdrawn for any reason under Rule 11, or if the United States Constitution, the Federal Magistrates Act, and the Rules of Criminal Procedure require that such guilty plea be accepted by an Article III judge and until such time it can be withdrawn for any reason under Rule 11. i

Docket Entries

2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-05-14
Brief of respondent United States of America in opposition filed.
2020-04-13
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2020.
2020-04-10
Motion to extend the time to file a response from April 15, 2020 to May 15, 2020, submitted to The Clerk.
2020-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2020)

Attorneys

Oscar Garcia
Deborah L. RodenWoodhouse Roden Nethercott, LLC, Petitioner
Deborah L. RodenWoodhouse Roden Nethercott, LLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent